Environment Canada revises its proposal to restrict the
import/export of treated wood for disposal.

Last week, Environment Canada issued a revised draft of its proposed
Export and Import of Hazardous Waste and Hazardous Recyclable Material
Regulations. This draft no longer includes the specific listing of
"treated wood", which would have severely restricted the option of
importing or exporting treated wood for disposal.

The Treated Wood Council had assisted the Canadian Institute of Treated
Wood (CITW) by meeting with US government and Canadian Embassy officials
and educating them on the impacts of the initial proposal. CITW will
continue to work with Canadian officials on the drafting of treated wood
guidance document.

Text of the DRAFT regulations:

DRAFT EXPORT AND IMPORT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL REGULATIONS
TRANSIT
Conditions
Conditions of transit
22. A person may convey hazardous waste or hazardous recyclable material
in transit if
1. at the time of transit, the export or import of the hazardous
waste or hazardous recyclable material is not prohibited under the laws
of Canada or the laws of the country of transit;
2. the hazardous waste or hazardous recyclable material is
transported by the authorized carriers named in the transit permit;
3. the applicable safety mark is displayed on each shipment of
hazardous waste or hazardous recyclable material in accordance with Part
4 of the Transportation of Dangerous Goods Regulations;
4. the hazardous waste or hazardous recyclable material is exported
and imported through the port of entry and port of exit named in the
transit permit;
5. the quantity of hazardous waste or hazardous recyclable material
conveyed in transit does not exceed the quantity set out in the transit
permit;
6. in the case of a transit through Canada, the authorized carrier
if other than Her Majesty in right of Canada or of a province is insured
in accordance with section 37;
7. in the case of a transit through a country other than Canada, the
exporter and importer if other than Her Majesty in right of Canada or of
a province are insured in accordance with section 37;
8. in the case of a transit through Canada, the country of export
has provided the Minister with written confirmation that the country of
import and any countries through which the hazardous waste or hazardous
recyclable material will be transited after it has left Canada, has
consented to the proposed import into or transit through that country; and
9. a copy of the transit permit and a copy of the movement document
completed in accordance with sections 25 and 26, or 30 and 31, as the
case may be,
1. accompanies the hazardous waste or hazardous recyclable
material, and
2. is deposited by the exporter, importer or authorized
carrier at the customs office at which the hazardous waste or hazardous
recyclable material is to be reported under sections 12 and 95 of the
Customs Act.
Movement Document - Transits Through Canada
Application
23. Sections 24 to 27 apply to the transit of hazardous waste and
hazardous recyclable material through Canada.
Movement document reference number
24. The Minister shall provide a movement document reference number to
any person who requests one for the purpose of completing a movement
document.
Authorized carrier
25. (1) At the time the hazardous waste or hazardous recyclable material
enters Canada, the authorized carrier must ensure that the foreign
exporter has completed Part A of a movement document and that the
movement document reference number provided by the Minister is indicated
on the movement document.
Authorized carriers
(2) Every authorized carrier that transports the hazardous waste or
hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the transit permit to the next
authorized carrier on delivery of the waste or material to that carrier.
Copy of movement document
(3) Within three working days after the day on which the hazardous waste
or hazardous recyclable material exits Canada, the authorized carrier
that transports the waste or material out of Canada must send a copy of
the movement document completed in accordance with subsections (1) and
(2) to the Minister.
Rail consist
26. In the case of hazardous waste or hazardous recyclable material that
is transported by rail, the movement document may be replaced by a rail
consist if it contains all of the information contained in the movement
document.
Retention of movement document
27. If the authorized carrier has a place of business in Canada, the
authorized carrier must keep a copy of the movement document at their
principal place of business in Canada for a period of three years after
the day on which the hazardous waste or hazardous recyclable material
exits Canada.
Movement Document - Transits Through a Country Other than Canada Application
28. Sections 29 to 32 apply to the transit of hazardous waste and
hazardous recyclable material where Canada is the country of origin and
the country of destination.
Movement document reference number
29. The Minister shall provide a movement document reference number to
any exporter who requests one for the purpose of completing a movement
document.
Exporter
30. (1) At the time the hazardous waste or hazardous recyclable material
exits Canada, the exporter must complete Part A of a movement document,
indicate the movement document reference number provided by the Minister
and provide a copy of the movement document and a copy of the transit
permit to the first authorized carrier.
First authorized carrier
(2) Immediately on receipt of the movement document, the first
authorized carrier must complete Part B of the movement document and
provide a copy to the exporter.
Copy of movement document
(3) Within three working days after the day on which the hazardous waste
or hazardous recyclable material exits Canada, the exporter must send a
copy of the movement document completed in accordance with subsections
(1) and (2) to
1. the Minister; and
2. the authorities of the province of export, if they require it.
Other authorized carriers
(4) Every authorized carrier that transports the hazardous waste or
hazardous recyclable material must complete Part B of the movement
document and provide it and a copy of the transit permit on delivery of
the waste or material to the next carrier or the importer, as the case
may be.
Exporter
(5) The exporter must ensure that Part B of the movement document is
completed by every authorized carrier that transports the hazardous
waste or hazardous recyclable material.
Copy of movement document
(6) Within three working days after the day on which the hazardous waste
or hazardous recyclable material is delivered to the authorized
facility, the importer must complete Part C of the movement document and
must send a copy of the completed movement document to
1. the Minister;
2. the authorities of the province of import, if they require it;
3. the exporter; and
4. every authorized carrier of the hazardous waste or hazardous
recyclable material.
Rail consist
31. In the case of hazardous waste or hazardous recyclable material that
is transported by rail, the movement document may be replaced by a rail
consist if it contains all of the information contained in the movement
document.
Retention of movement document
32. The exporter, the importer and every authorized carrier must keep a
copy of the movement document at their principal place of business in
Canada for a period of three years after the day on which the hazardous
waste or hazardous recyclable material is imported.